A real family
by Sitting Ducki
Summary: When Diane dies everyone who knows him learns of Tony's connection to her. No one guessed it or saw it coming but her death hits him just as hard as the others.
1. Chapter 1

When Tony returned to the trailer Tim and Ellie were still gathering evidence. He had a bad feeling that something was going to happen and wanted to keep an eye on them. Tony didn't think that they had to worry about Tim but sometimes he got an uneasy feeling about Ellie's abilities. Tim's phone rings and he saw it was Gibbs.

"Hey boss, we're still gathering evidence here at the trailer. Tony joined us so I'm guessing he found Rebecca." Tony nods,

"Yeah, she's already at NCIS." Gibbs sighs,

"I need you and Ellie to come to my location for a crime scene but don't tell Tony. I need him to go back to NCIS and wait for me."

"What about …?"

"Forget about it for now. I'll make an excuse for Tony to return to NCIS but there's a …"

"Boss?" Tony and Ellie look at Tim.

"Diane's dead, that bastard shot her just as Ari did with Kate. Don't you dare say anything to Tony; I have to be the one to tell him." Tony didn't like the look on Tim's face.

"McGee, what happened? Is Gibbs okay?"

"Yeah, he uh …" Gibbs groans knowing Tony would know better.

"Give him the phone McGee." Tim hands Tony the phone and motions to Ellie to go outside with him.

"Hey boss, what's up? Are you okay?"

"Yeah I'm okay but I need you to meet me at NCIS. I need Tim and Ellie to meet me somewhere else but it's important that you meet me at NCIS."

"What happened? Are you sure you're okay?"

"Yeah I'm fine." Tony's gut churns.

"Where's mom? You said you were going to go meet her."

"I'll tell you when I see you Tony."

"No, tell me now or I'll just follow Tim and Ellie to wherever you are." Gibbs doesn't say anything and Tony gulps. "Mom's dead?"

"I'm sorry Tony, it was a trap and they got her like they did Kate." Tim and Ellie jump when they hear Tony kick something in the trailer. "Tony, we're going to get this bastard but I need you to meet me at NCIS. Dorneget is getting Emily from school and I don't want her or your dad to hear this from anyone else."

"I want to … he can't get away with this boss. Dad and I have to be there for the take down. I don't care about protocol or procedure I'll go by the rule book but I need …" Tony collapses on top of the mess he made.

"Are you okay?"

"I hurt my foot when I kicked the fridge." Gibbs sighs and Tony gets up. "I can walk on it and I'll have Ducky look at it. How bad is it?"

"Just like Kate." Tony looks up to see Tim and Ellie looking at him.

"I'm going to head in but I have to be the one to tell dad. He has to be the one to tell Em and …"

"Okay but tell him to wait for me. I told him to meet us at NCIS but I don't know if he got the message or not." Tony hands Tim his phone.

"Just go to the crime scene, I'll clean this up later."

"Are you okay?" Tony shakes his head and Ellie looks at him.

"Your dad … he married Diane? Gibbs and Fornell's ex?" Tony takes a deep breath.

"Fornell is my dad … they adopted me when I was 8 when Senior was arrested for numerous stunts to give me a child hood mom wanted me to have. Senior has only been trying to get into my life more recently but … I have to go." Tim stops him.

"We're sorry for your loss Tony."

"Thanks," At NCIS Dorneget told Tony that Fornell and Emily were waiting for him and Gibbs in the conference room. "Hey dad, Emily." Emily ran to him and Tony could tell they had been crying.

"Did you hear about mommy?" Tony nods,

"I came to tell you."

"We were given condolences as soon as we got here. Do you know what …?"

"No, just that it was like uh a previous case. McGee and Bishop are on their way and Gibbs is trying to get here but I don't know he usually drives faster than me."

"It's okay, are you okay?"

"No I kicked a refrigerator and hurt my foot. I was going to get it checked out but Ned told me you were here. I didn't want to risk someone else telling you but I didn't know others knew. No one mentioned it to me." Vance walks in.

"Agent DiNozzo, that's not something one would normally inform you of. Condolences are normally given to family members and others on need to know." Tony doesn't say anything and Emily looks at Vance.

"Tony is our family, he's my big brother."

"Is this true?"

"I wanted to prove I belonged here by my work not because my dad's with the FBI and Uncle's … someone else."

"Your Uncle's Gibbs? Emily calls him Uncle Gibbs so …" Tony nods,

"He helped them to adopt me when I was 8 and it was out of respect." Vance smiles,

"I tried to find out who adopted you because you seemed awfully chummy with Gibbs but as there's no biological relation I think we can leave your team in tact. I just wanted to come and express my condolences and ask if there was anything we could do for your family?"

"I want in on the … capture of this bastard." Tony nods,

"Me too, by the book or whatever but I want to be there." Vance looks at them and nods.

"By the book or I'll pull you both off and assign it to another team." When they go to the bullpen Emily's still clinging to Fornell who sits behind Gibbs desk.

"Agent Fornell, Emily … I'm sorry for your loss."

"Thank you Bishop." He looks at Tim who was standing around awkwardly. "Honey, go sit with Tony I need to talk to McGee." Tim follows Fornell to the elevators.

"Agent Fornell I really am sorry about Diane. There was never …" Fornell holds up a hand.

"I know I was just messing with you to get under her skin. I know there was nothing there, I just thought I'd let you know."

"Thanks." Later when Tony took Emily to Abby's lab to sleep on her futon she of course heard of Tony's other family and they gathered in there.

"Tony, I just need to know something … why didn't you ever say anything?"

"You need to know this?"

"Well not need to know but I thought you hated Fornell so …"

"I wanted to be here under my own two feet. Gibbs pulled me on to get me from moving even further away from my family. We agreed that I didn't have to be Fornell's son or his nephew to prove myself. Mom wasn't too happy about me joining but she said I better come home at night."

"So your Uncle?"

"It's Gibbs, he helped mom and dad adopt me and I called him Uncle out of respect." They sat down and Tony sighs. "I can tell you what happened if you want."


	2. Chapter 2

Gibbs was reading over some paperwork when Susan Mitchell from Child Services stops by to talk to him. He wasn't in the mood after hearing some rumors going around about his ex wife but knew she only came to him in dire straights. Mike barely glances up when she stops in front of Gibbs desk.

"Uh oh Probie, they're going to stick another one with you."

"Can it Mike. What can I do for you Mrs. Mitchell?"

"We have a boy who is 8 who needs help."

"Okay, what case?"

"It's not one of ours. The FBI is investigating Anthony DiNozzo Senior currently wanted for tax evasion, illegal arms dealings over seas and a few other things."

"So what's the problem?"

"His only relatives are his 8 year old son and his wife with with stage 4 lung cancer. She's at the very end stage right now and they're waiting for her to pass before arresting DiNozzo."

"Okay, what does this have to do with us? Social Services can take care of him right?"

"Yes but they have a foster home or potential foster home lined up who eventually want to adopt him but Mrs. DiNozzo's fading fast and they might not be ready in time. We need a home to keep him out of the official system until they're ready to take him."

"Okay but why me?"

"You were recommended because of who the potential family is. Mrs. DiNozzo knows of them but if Anthony Senior finds out they're worried he's going to try something to stop the adoption. He says he'll surrender when she passes and thinks Tony's going into the system."

"So how are they going to be able to adopt him?"

"Elizabeth DiNozzo has full custody and has handed it over. Anthony DiNozzo thinks that it's invalid and won't stand up in court but it will especially with him about to serve prison time. The problem is she's dying and the foster home isn't ready for Tony. We're hoping that maybe you'll take him in for a few days or at the most a week."

"Who is the foster family?" Susan and Mike exchange glances. "Who are they?"

"Tobias and Diane Fornell … I know they're not on good terms with you but if he goes into the system then it'll be harder for them to adopt. Right now it's about Tony and making sure he's taken care of and Anthony only has to know that you're the foster parent taking him when it's time."

"Are you kidding me? Who in their right mind recommended me to take them in? They don't know I have a foster parents license and ..."

"Dir. Gylls from the FBI. He said you guys have a strained relationship but that he hopes you'll put Tony first."

"Really … did you talk to my director? How am I going to go foster him when I have work to do?" Mike sighs.

"I talked to Beauregard he's giving us two weeks off paid vacation time. This isn't about the past that boy needs someone to help him." Gibbs rubs his face.

"I'm going for coffee and then I'll be back." Gibbs ran into Fornell by the coffee stand. "Surprise, surprise to see you here."

"I know you hate us but I need a favor." Gibbs nods drinking a long sip of coffee.

"I know, I'm still trying to decide on it."

"How do you know? Who on earth told you?"

"Susan Atwater from Child Services, who else?" Fornell looks at him funny. "Fostering Tony until you and Diane get your act together. She said Gylls reommended me."

"Oh … we didn't know. I was going to ask for a letter stating that you know us, where I work and stuff like that. We need at least 5 of them and from different people who actually know us. You don't have to say anything just the basics … you're really going to foster him?"

"I haven't decided yet. What about Diane's job?"

"If we get Tony she's quitting her job to stay home and be a full time mom. You know she wants kids but we're having trouble in that department."

"Thanks for that information Fornell." Gibbs gives him a look. "I'm going to help you but only for his sake and I want nothing to do with either of you. He doesn't deserve the system after losing his mom."

"You don't have to, we're desperate right now that's why I was going to ask you for a letter. We're trying to get things together but there are so many hoops to jump through it feels like it'll never happen."

"Just take care of him like he deserves." When Gibbs returns to the bullpen Susan's on the phone.

"What do you think Probie?"

"I'll help them … I'm crazy but I'll help them."

"His father's an donkey's behind but that doesn't mean he should suffer. Are you going to tell them?"

"Already ran into Fornell downstairs. He was coming to ask me for a letter for them stating I know them and all that crap. I told him what I was doing and that was it." Susan hangs up.

"Have you come to a decision? Mrs. DiNozzo's fading fast and I need to take the foster family over there."

"Yeah I'll do it but only for him." Mike nods,

"I'll see you in two weeks or call me if you need anything Probie." At the hospital they were shown to Mrs. DiNozzo's hospital room where a man stood just watching while a younger boy was crying at the woman's bedside. She was stroking his head and trying to comfort him and Gibbs noticed a movie was on that he thought was odd.

"That's enough Junior, we have company now and they don't want to see you make a scene. Mind your manners."

"Mr. DiNozzo, it's fine. This is Jethro Gibbs, he's going to be the foster father for Tony." Senior looks him up and down.

"Where's the Misses?"

"There is no Mrs. but I work for NCIS and I'm more than qualified."

"Well that's good no one needs to turn him into some kind of mamby pamby sissy. Can I speak to you in the hall?" Gibbs follows him out and Senior looks at him.

"What happened to the Fornell's? We were told that was the foster family taking him in and they wanted to adopt him."

"They still do but it's from my understanding that they aren't ready. I'm just going to take care of him until they can take him in."

"Take care of him … make sure he doesn't forget his mother. I've never been a good dad to him and I've had my share of messes but he needs a good family. With me in prison and his mother dead … he doesn't need to stay in the system. He'll probably age out before I get out."

"That's why I'm doing it and they're … good people." Senior looks at him and Gibbs sighs. "She's my ex and he's the one she left me for. She wanted kids and it's not something I could give her. I know she'll be a good mother." Susan comes out.

"Her heartbeats slowing down if you want to go in Mr. DiNozzo." He goes in with a doctor while two cops join them.

"He knows about the Fornell's and wants Tony to be with good people."

"And do you think they're good people?"

"Good no but I know Diane wants children more than anything and she'll do whatever she has to so he has a good home."

"That's good." When it was over Gibbs gave Tony time to say goodbye and Anthony gave him a key to their house so Tony could pack up his stuff and permission for him to take his mom's pictures and things. Anything he didn't take would be sold or donated and Tony cried the whole way there and while Mike showed up with moving boxes for them. Gibbs didn't know how things would go but he felt bad for Tony to lose his parents and not know what was going to happen next.


End file.
